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Plaintiff Alleges Transportation Company Violated Overtime Pay Laws

COOK COUNTY RECORD

Thursday, December 26, 2024

Plaintiff Alleges Transportation Company Violated Overtime Pay Laws

Federal Court
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A former employee has taken legal action against a transportation company, alleging violations of labor laws related to unpaid overtime. LaDonna Charles filed a complaint on October 14, 2024, in the United States District Court for the Northern District of Illinois against Sunrise Bus LLC, doing business as Lakeview Bus Lines, Inc., and its General Manager Jamie Enger.

The lawsuit centers around allegations that the defendants failed to compensate Charles and other similarly situated employees for overtime work, violating both federal and state labor laws. According to the complaint, Charles worked at the Bellwood, Illinois location from September 2010 until September 6, 2024. Her duties included clerical work, customer service, dispatching, and substitute bus driving. Despite working between 45 to 60 hours per week depending on the season, she claims she was not paid an overtime premium for hours exceeding 40 in a workweek.

Charles asserts that this practice is a breach of the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law (IMWL). The FLSA mandates compensation at one and one-half times the regular rate for overtime hours. The plaintiff argues that Sunrise Bus LLC's compensation structure did not meet any exemptions under these laws and should have classified her as a non-exempt hourly employee eligible for overtime pay.

The complaint further alleges that these practices were part of a broader policy affecting other employees who were similarly denied proper compensation. Charles seeks class certification under Federal Rule of Civil Procedure 23 for her IMWL claim and aims to represent all affected employees in this collective action.

In terms of relief sought from the court, Charles requests back pay for unpaid overtime wages over two years preceding the filing date or three years if willful violation is proven. She also seeks liquidated damages equal to unpaid wages under FLSA provisions and penalties under IMWL for delayed payments. Additionally, she demands coverage of reasonable attorney fees and costs incurred due to these alleged violations.

The case highlights significant concerns about employer compliance with labor standards in sectors involving variable work schedules like transportation services. It underscores potential systemic issues within companies regarding wage calculations for mixed-duty roles where employees might perform both exempt and non-exempt tasks without clear delineation or appropriate compensation adjustments.

Representing LaDonna Charles is attorney John W. Billhorn from Billhorn Law Firm based in Chicago. The case has been assigned Case ID: 1:24-cv-10117 but details about judges presiding over it remain unspecified at this stage.

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